Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Earlier petition for divorce filed by wife was withdrawn on assurance of husband that he will live with her with love and dignity but he failed to honour the promise and again subjected her to atrocities mental and physical - Wife is living separately along with child - Defence of husband..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Cross-examination of complainant - Accused has no probable defence for which complainant must be recalled and he must be granted leave to cross-examine complainant - Merely vague statements have been made in application to somehow try and fit the case within scope of S.145(2) of N.I.Act -..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused was lastly seen with deceased - Accused not denied that he had not taken deceased from house towards field to collect fodder and has also not taken a defence that on the way deceased had parted his company - Accused failed to rebut the presumption u/s 106 of Evidence Act - In such..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Answer given by accused when he was questioned u/s 313(1)(b) Cr.P.C, is only ipse dixit of accused - PW1 was not confronted with specific allegations as was projected while replying at the time of questioning u/s 313(1)(b) Cr.P.C - There was thus, no occasion for PW1 to answer the allegations that was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in plaint only are to be seen and neither contents of application filed U.O.7.R.11 CPC nor any defence of defendant can be seen...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place due to some dispute regarding field - Presence of accused at the spot was admitted by defence - Testimony of PW1 regarding incident is fully supported by PW5 who is owner of shop where incident had taken place - An axe was seized from accused and therefore, it cannot be said that prosecution..........
Agreement to sell -- Specific performance - Time essence of contract - Sale agreement indicate the intention of parties to treat time bound performance as an essential condition and it was stipulated that in case sale was not executed on date of execution, sale agreements were liable to be treated as cancelled and earnest money was to be forfeited - Even in the legal..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of tenant can be struck off in the event of default in paying monthly amount of rent within a week from date of its accrual...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Tenant had offered to pay the rent to landlord - However, landlord himself refused to accept the same - Provision of O.15.R.5 CPC in such situation cannot be attracted - Application to deposit rent in Court, rightly dismissed...........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Summoning of a witness examined as a prosecution witness - Provision of S.233(3) Cr.P.C. cannot be understood as one compelling the attendance of any prosecution witness who was examined in chief already, cross examined and re-examined, to be examined as a defence witness...........
